specified or agreed, within a reasonable time, the
originator
(a) may give notice to the addressee
(i) stating that no acknowledgement has
been received and that the electronic
record is to be treated as though it had
never been sent, or
(ii) specifying a reasonable time by
which the acknowledgement must be
received; and
(b) if the acknowledgement is not received
within the time specified in paragraph (a),
may, on
notice to the addressee
(i) treat the electronic record as though it
had never been sent, and
(ii) exercise any other rights he or she may
have.
(5) Where the originator receives the addressee’s
acknowledgement of receipt it may be presumed
that the related electronic record has been
received by the addressee but that presumption
does not imply that the electronic record received
corresponds to the electronic record as sent.
(6) Where the addressee’s received acknow
ledgement states that the related electronic record
met the technical requirements that the originator
and the addressee have agreed should be met, it
is presumed that the requirements have been met.
(7) Except in so far as it relates to the sending or
receipt of an electronic record, this section does
not affect the legal or equitable consequences that
may flow either from that electronic record or from
the acknowledgement of its receipt.
Admissibility
and evidential
weight of data
188. (1) In any legal proceedings, the rules of
evidence shall not be applied so as to deny the
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